Town of Oconomowoc, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oconomowoc as Ch. 9 of the 1986 Town Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 100.
Building construction — See Ch. 108.
Cemeteries — See Ch. 129.
Fences — See Ch. 144.
Intoxicating liquor and fermented malt beverages — See Ch. 166.
Lakes and beaches — See Ch. 175.
Lighting — See Ch. 189.
Nuisances — See Ch. 207.
Solid waste — See Ch. 254.
Streets and sidewalks — See Ch. 260.
Transient merchants — See Ch. 272.
[Amended 2-3-1997; 3-1-1999]
The following statutes, defining offenses against the peace and good order of the state, are adopted by reference to define offenses against the peace and good order of the Town, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, General Provisions, Article I, of this Code.
134.71(1)
Violations by secondhand dealers
175.25
Illegal storage of junk vehicles
254.76
Careless smoking
285.30(6)
Pollution by motor vehicle/tampering with pollution control system
939.22
Words and phrases defined
940.19(1)
Battery
941.01
Negligent operation of vehicle (off roadway)
941.10
Negligent handling of burning material
941.12(2), (3)
Interfering with fire fighting
941.13
False alarms
941.20(1)
Reckless use of weapons
941.23
Carrying concealed weapon
941.24
Possession of switchblade knife
943.01(1)
Criminal damage to property (less than $1,000)
943.07(1), (2), (3)
Criminal damage to railroads
943.13
Trespass to land
943.14
Criminal trespass to dwellings
943.20
Theft ($1,000 or less)
943.24
Issuance of worthless checks
943.50
Retail theft (shoplifting) ($1,000 or less)
Ch. 948
Crimes against children
Ch. 951
Crimes against animals
961.41(3g)
Possession of controlled substance
A. 
Declaration of policy. It is hereby determined and declared necessary in the interest of the public health, safety and welfare of the Town that the discharge of firearms be regulated within the Town.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIREARMS
A rifle of any caliber, air rifle, shotgun of any gauge, pistol or revolver of any caliber.
RECORDED SUBDIVISION
Any subdivision of land within the Town laid out and established in accordance with the provisions of Ch. 236, Wis. Stats., and existing ordinances of the Town relating to land divisions.[1]
[1]
Editor's Note: See Ch. 265, Subdivision of Land.
C. 
Prohibited use of firearms. No person shall discharge any firearm within the following listed congested areas or within 100 yards thereof:
[Amended 4-15-2002]
(1) 
The unincorporated Villages of Okauchee, Monterey and Mapleton.
(2) 
In any recorded subdivision in the Town of Oconomowoc or within 100 yards thereof.
(3) 
Within 100 yards of any building in the Town.
(4) 
In the following sections of the Town:
(a) 
The south 1/2 of Sections 23 and 24, and in Sections 25, 26, 35 and 36 of the Town. It is intended to prohibit the discharge of firearms south of County Trunk Highway "K," east of County Trunk Highway "P," north of the boundary between the Village of Oconomowoc Lake and the Town of Oconomowoc, within the above sections, and west of the Town of Oconomowoc/Town of Merton Town line.
(b) 
That part of Section 30 lying north of Marks Road, east of the Village of Lac La Belle/Town of Oconomowoc boundary, and southwest of Lac La Belle.
(c) 
The east 1/2 of Section 29 of the Town lying south of Lac La Belle Drive, west of State Trunk Highway 67, and east of Lac La Belle.
D. 
Rifle prohibition. No person shall discharge nor cause the discharge of any rifle, firearm, whether pistol or shoulder stock, within the territorial limits of the Town. A rifle firearm shall be construed as any firearm having a grooved barrel and upon discharge projecting a solid missile or slug.
E. 
Exceptions. Unless otherwise indicated, the prohibitions of this section shall not pertain to:
(1) 
Law officers designated and authorized by the Town, county, state and federal authority.
(2) 
Activities upon any bona fide target range, provided that the Town Board must first issue, upon written application and within its discretionary power, a permit labeling such areas as an approved target range.
(3) 
Rodent control activities, provided that Town Board permission, within its discretion, be procured upon written application prior to such activities; such permission, if granted, to be of a temporary nature only.
(4) 
The owner or occupant of any land within the territorial limits of the Town, and any member of his family of at least 14 years of age, may thereon, at any time, discharge shotguns, providing the projection of shot is not above or into another's land or traveled roadway.
(5) 
The owner or occupant of any land, not listed in Subsection C above but in the territorial limits of the Town, and any member of his family at least 14 years of age, may thereon, at any time, discharge firearms or pellet air guns, provided the projection of shot or missile from the discharged firearm or pellet air gun is not above or into another's land or traveled roadway.
F. 
Parental responsibility. If a minor shall violate this section, his parent or guardian may be held responsible for such violation in the same manner as if such parent or guardian had violated the same, and ignorance of such violation shall not be a defense. Prosecution of such parent or guardian shall not be a bar to prosecution of such minor.
A. 
Purpose. The Board hereby determines that as a result of the ease with which handguns may be carried upon the person, the presence of such handguns constitute a danger to the general public if they are allowed to be carried, transported or brought inside any public building or upon any premises open to the public, except as provided below. It is the purpose of this section to serve the interest of public safety by restricting and regulating the presence of handguns, which can be carried, transported or brought inside any public building or place of business open to the public.
B. 
Definition of handgun. For purposes of this section, "handgun" means any firearm having a barrel less than 12 inches long.
C. 
Regulation. No handgun, either holstered, unholstered, cased or uncased, shall be in the possession of or under the control of any person while such person is inside any public building or place of business, including, but not limited to, a place of business where alcohol beverages of any kind are sold or consumed.
D. 
Exceptions. This section shall not apply to the following:
(1) 
A sheriff, deputy sheriff, warden, constable, state trooper, U.S. military personnel or any duly appointed member of a police force who carries handguns in his official line of duty.
(2) 
Any person who brings a handgun upon any premises open to the public which has in effect a special use permit from the Town as a shooting gallery, skeet, trap shooting range or rifle range. This section shall also not apply to any person who brings a handgun to any firearm safety course conducted by or authorized by the Sheriff's Department or the law enforcement agency of the Town within which the course is conducted.
(3) 
Any person who brings a handgun upon any premises in which handguns are sold, traded or serviced, provided the handgun is brought upon the premises for purposes relating to the sale, trade or servicing of such handgun.
(4) 
Any person or his employee who lawfully keeps or carries a handgun upon any premises open to the public owned by such person.
(5) 
Any person who brings a handgun directly to or from a motel or hotel room, or a resort rental unit, for storage purposes, provided that the handgun is unloaded and knocked down or enclosed within a carrying case, holster or other suitable container at all times.
(6) 
The display of unloaded and properly secured handguns by governmental bodies or the owners of places of business open to the public.
No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile, by hand or by any other means, at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Town.
[Amended 4-20-1987]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIREWORKS
Anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:
(1) 
Fuel or lubricants.
(2) 
A firearm cartridge or shotgun shell.
(3) 
A flare used, possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle.
(4) 
A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
(5) 
A cap containing not more than 1/4 grain of explosive mixture if the cap is used, possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.
(6) 
A model rocket engine.
(7) 
Tobacco and tobacco products.
(8) 
A sparkler on a wire or wood stick not exceeding 36 inches in length or 1/4 inch in outside diameter, which does not contain magnesium, chlorate or perchlorate.
B. 
Prohibition. No person may sell any fireworks in the Town.
C. 
Possession and use; state statutes adopted. Possession and use of fireworks shall be regulated according to the provisions of § 167.10, Wis. Stats., as the same are from time to time amended, which are hereby adopted and incorporated by reference herein.
No person shall stand, sit, loaf or loiter, or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Town in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon, or to prevent or hinder free ingress to or egress from any place of business or amusement or any church, public hall or meeting place.
A. 
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises which may annoy or disturb a person of ordinary sensibilities in or about any public street, alley or park or any private residence.
B. 
No person shall make unnecessary and annoying noise with a motor vehicle by squealing tires, excessive acceleration of the engine or by emitting unnecessary and loud muffler noises.
A. 
Loitering or prowling prohibited. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of traffic by loitering. No person shall loaf or loiter in a group or crowd upon the public streets, alleys, sidewalks, street crossings or bridges, or in any other public place within the Town in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, alleys, sidewalks, street crossings or bridges, or other public places by persons passing along and over the same.
[Added 10-21-1996]
A. 
Intent. The Town Board has determined that there has been an increase in juvenile violence, juvenile gang activity and crime by persons under the age of 18 in the Town of Oconomowoc which has resulted in juveniles being involved in a wide range of unacceptable behavior, including vandalism, public drinking and littering, drug use, breaking and entering, and harassment of residents. Persons under the age of 18 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. In part, the aforementioned conduct has been found to be due to a significant breakdown in the supervision and guidance normally provided by parents for juveniles. The Town of Oconomowoc has an obligation to provide for the protection of minors from each other and from other persons and for the protection of the general public and for the reduction of the incidence of juvenile crime activities. Accordingly, the Town Board of the Town of Oconomowoc has determined that a juvenile curfew is necessary to promote the public health, safety and general welfare and to assist in attaining the foregoing objectives.
B. 
No person under the age of 18 shall congregate, loiter, wander, stroll, stand or play upon any public street, sidewalk, highway, road, alley, park, vacant lot, public building, place of amusement or entertainment, or any public place within the Town of Oconomowoc, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 11:00 p.m. and 5:00 a.m. unless accompanied by his or her parent, spouse, guardian or other adult person having legal care or custody of such person.
C. 
This section shall not apply to a person under the age of 18 years of age who is:
(1) 
Returning to his or her home directly from and immediately after the end of any civic, religious, educational, athletic or social event sponsored by any accredited school, tax-exempt church or governmental unit or agency, which event such person could properly and did in fact attend.
(2) 
Returning directly from and going directly to his or her place of employment, which place of employment is known to and approved by his or her parent, spouse, guardian or other adult person having legal care or custody of such person.
(3) 
Returning directly from or going directly to any other activity which has been specifically approved in advance in writing by his or her parent, spouse, guardian or other adult person having legal care or custody of such person, provided such written approval is in the possession of such person while returning from or going to such other place or activity.
(4) 
Engaged in bona fide interstate travel, either through the Town or beginning or ending in the Town.
(5) 
On his own premises or the areas immediately adjacent thereto.
No person having in his possession or under his control any animal or fowl shall allow the same to run at large within the Town.
A. 
Restricted. No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris which substantially depreciates property values in the neighborhood, except in an enclosure which screens such property from public view or upon permit issued by the Town Board.
B. 
Order for compliance. The Chief of Police may require by written order any premises in violation of this section to be put in compliance within the time specified in such order and, if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property.
No person shall throw any glass, refuse, waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Town, or upon any private property or the surface of any body of water within the Town.
No person shall resist or interfere with any officer of the Town while such officer is doing any act in his official capacity, and with lawful authority, nor shall any person refuse to assist an officer in carrying out his duties when so requested by the officer.
No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person; and any cover shall be of such design, size and weight that the same cannot be removed by small children.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside unless such door or lid, snap lock or other locking device has been removed from such ice box, refrigerator or container, or unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.
No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the Town between 8:00 a.m. and 4:00 p.m. on official school days.
A. 
No person shall consume any intoxicating liquor or fermented malt beverage upon the public highways, streets, alleys, sidewalks, street crossings, bridges, public parking lots or premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned, in the Town, except for municipally approved community functions or events where authorized by specific resolution of the Town Board.
B. 
All purchases of intoxicating liquor or fermented malt beverage by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed therefrom to any public highway, street, alley, sidewalk, street crossing, bridge, public parking lot or premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned, within the Town.
C. 
No person shall bring upon, use, consume, sell or convey any intoxicating liquor or fermented malt beverage in or upon any property, building or other structure which is owned or under the control of the Town, except in such places as may be designated by the Town and in accordance with the rules and regulations as may be from time to time adopted by the Town Board.
[Added 3-5-1990]
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance as defined in Ch. 961, Wis. Stats., in violation of this section. It includes, but is not limited to:
(1) 
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(3) 
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
(5) 
Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
(6) 
Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
(7) 
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
(8) 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
(9) 
Capsules, balloons, envelopes or other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
(10) 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
(11) 
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
(12) 
Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, including, but not limited to:
(a) 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.
(b) 
Water pipes.
(c) 
Carburetion tubes and devices.
(d) 
Smoking and carburetion masks.
(e) 
Objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
(f) 
Miniature cocaine spoons and cocaine vials.
(g) 
Chamber pipes.
(h) 
Carburetor pipes.
(i) 
Electric pipes.
(j) 
Air-driven pipes.
(k) 
Chillums.
(l) 
Bongs.
(m) 
Ice pipes or chillers.
B. 
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, the following shall be considered:
(1) 
Statements by an owner or by anyone in control of the object concerning its use.
(2) 
Prior convictions, if any, of an owner or of anyone in control of the object under any Town, state or federal law relating to any controlled substance.
(3) 
The proximity of the object in time and space to a direct violation of this section.
(4) 
The proximity of the object to controlled substances.
(5) 
The existence of any residue of controlled substances on the object.
(6) 
Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons who the person knows or should reasonably know intend to use the object to facilitate a violation of this section. The innocence of any owner or of anyone in control of the object as to a direct violation of this section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
(7) 
Oral or written instructions provided with the object concerning its use.
(8) 
Descriptive materials accompanying the object which explain or depict its use.
(9) 
National and local advertising concerning its use.
(10) 
The manner in which the object is displayed for sale.
(11) 
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
(12) 
The existence and scope of legitimate uses for the object in the community.
(13) 
Expert testimony concerning its use.
C. 
Prohibited activities.
(1) 
Possession of drug paraphernalia. No person may use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
(2) 
Manufacture, sale or delivery of drug paraphernalia. No person may sell, deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
(3) 
Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense.
(4) 
Advertisement of drug paraphernalia. No person may place in any newspaper, magazine, handbill or other publication or upon any outdoor billboard or sign any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(5) 
Exemption. This subsection does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics in accordance with Ch. 961, Wis. Stats.
D. 
Penalties.
(1) 
Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Town.
(2) 
Any person who violates Subsection C(1), (2) or (4) shall, upon conviction, be subject to a forfeiture of not less than $100 nor more than $500, together with the costs of prosecution, and, upon default of payment, be imprisoned in the county jail until the costs are paid, but not to exceed 30 days.
(3) 
Any person who violates Subsection C(3) shall, upon conviction, be subject to a forfeiture of $1,000, together with the costs of prosecution, and, upon default of payment, be imprisoned in the county jail until the costs are paid, but not to exceed 60 days.
[Added 12-7-1992]
A. 
Adoption of Clean Indoor Air Act. Section 101.123, Wis. Stats., is hereby adopted by reference.
B. 
Smoking prohibited by owner. No person shall, without the permission of the owner or lessee of any public or private property, smoke thereon contrary to a posted sign if such sign is in plain view on the property or at the entrances to the property.
(1) 
Any owner or lessee of property may prohibit, restrict or limit smoking on his property at his discretion.
(2) 
Restrictions imposed by this subsection are in addition to restrictions imposed by Subsection A above and apply to unenclosed as well as enclosed areas.
[Added 3-18-1996]
The following statutes placing restrictions on the sale or gift of cigarettes or tobacco products to underage persons and on possession or use of cigarettes or tobacco products by underage persons are adopted by reference to define offenses involving the purchase, sale and use of tobacco products by underage persons, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions of this Code.[1] Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made a part of this section.
134.66
Restrictions on sale or gift of cigarettes or tobacco products
254.92
Purchase or possession of cigarettes or tobacco products by person under 18 prohibited
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I.
[Added 1-18-1993]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALARM SYSTEM
Any electrical or mechanical device for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, or both, or for the detection of a fire and, when activated, emits a sound or transmits a signal or message, or both.
FALSE ALARM
A signal from an alarm system which results in a call, either direct or indirect, to the Town through its dispatch center and resulting in a response by the appropriate department when an actual emergency situation does not exist.
PERSON
Any individual, partnership, corporation or other entity.
PRIVATE ALARM SYSTEM
Any alarm system not owned or leased by the Town.
B. 
False alarms prohibited. The owner, occupant or person in control of an alarm location protected by any alarm system as defined herein shall not allow any false alarm, whether intended or unintended. No person owning, leasing, using or possessing a private alarm system shall, by means of that alarm system, give a false alarm.
C. 
Penalty. Computed on a calendar-year basis, the following penalties shall apply to false alarms:
Number of False Alarms
Penalty
1 to 2
None
3 to 4
$25, plus court costs
5 to 6
$50, plus court costs
7 to 8
$100, plus court costs
9 or more
$200, plus court costs
D. 
Exemption. When the Chief of Police or Fire Chief determines that the cause of a false alarm was beyond the control of the person responsible therefor, that false alarm may be exempt from this section.
[Added 8-3-1993]
No person shall, in a public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.
[Added 6-16-1997]
No person shall intentionally mark, draw or write with paint, ink or another substance on or intentionally etch into the physical property of another without the other person's consent.
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, of this Code.